How to Claim Sick Leave in 2024

This article about Entitlement to Sick Pay and Sick Leave only applies to the Czech Republic.

A sick leave certificate, also known as a certificate of temporary incapacity for work, is an essential document confirming that an employee cannot perform their duties due to health reasons. This certificate must be issued by a doctor who diagnoses the illness, injury, or other health conditions preventing the employee from working. It typically includes the patient’s diagnosis, the start date of the incapacity, and the anticipated duration of the illness. Sick leave helps employees recover faster and, in cases of infectious diseases, prevents workplace spread.

Latest Changes to Sick Leave in 2024

In 2024, new regulations aim to streamline the process for all parties involved:

1. Digitalization: Paper forms are partially replaced by electronic documentation, reducing the time required to transfer information between the doctor, patient, and employer.
2. Automated Notifications: Employers and employees will receive automated updates upon sick leave approval, eliminating manual status checks.
3. Unified Start Dates: Fixed start dates for sick leave certificates prevent discrepancies in document validity.
4. Faster Processing: The process from submission to approval will now take an average of 5 working days.
5. Online Access: Patients can access their sick leave certificates via online portals for easy download or sharing.

These changes enhance the efficiency of managing sick leave and strengthen trust between employers and employees.

Duration of Sick Leave

The length of sick leave depends on the severity of the illness or injury. It may range from a few days to weeks or, in extreme cases, months. The doctor determines the duration based on the patient’s health and can extend it if necessary.

Employee Rights and Responsibilities

Rights:

• Sickness Benefits: Employees are entitled to benefits covering income loss during their incapacity to work.
• Job Security: Employers cannot terminate employment due to sick leave, and performance during this period must not be negatively evaluated.
• Medical Care: Employees have the right to receive necessary medical care and treatment.

Responsibilities:

• Informing the Employer: Employees must promptly notify their employer about their sick leave and provide a valid certificate.
• Following Medical Advice: Employees are obligated to follow their doctor’s instructions and attend all necessary check-ups.
• Avoiding Risky Activities: Employees must refrain from activities that could worsen their health or prolong their recovery.

Employer Rights and Obligations

Rights:

• Sick Leave Verification: Employers can verify the validity of sick leave and address potential abuse with relevant authorities.
• Employee Discussions: Employers may meet with the employee to discuss their health and potential return to work.
• Vacation Adjustment: Employers can adjust employees’ vacation days based on the hours missed during sick leave.

Obligations:

• Job Retention: Employers must ensure that employees can resume their positions after returning from sick leave.

Key Considerations for Employees

The first 14 days of sick leave are paid by the employer and are paid on the basis of
E-Disability. In the case of longer incapacity for work, sick leave is subsequently paid. However, the employee must comply with the incapacity for work regime. Have a valid employment relationship and have health insurance, which is part of social insurance. Self-employed persons can pay it voluntarily.

The employee is obliged to indicate the place of residence with his/her name so that in the event of an inspection, an official person can contact the employee. In the event of an inspection, the person must be at the reported place of residence during the sick leave. (The place where the employee is being treated does not have to be the permanent residence. However, it is mandatory to report the change to the relevant authorities.) The inspector can come at any time and day, except for walks, which the employee can use, for example, to visit the doctor or buy food. Also, if it is a basic need for a pet, walking it does not conflict with the rules of the incapacity for work.

Outings can last a maximum of 6 hours. In the time horizon from 7 am to 7 pm and are determined in advance by the attending physician. It depends primarily on the patient’s health condition. For example, regarding restrictions on movement, which may be ordered for preventive reasons or during pregnancy with complications. However, it is necessary to strictly adhere to the time and scope of outings. The employer may come to check the employee himself for the first 14 days.

If it is proven that the employee has violated the conditions of the sick leave, it may be shortened or withdrawn for a period of up to 100 calendar days from the date of each violation of the regime, or from the date of failure to meet the conditions during the check.

An exception is isolation, which may (this is no longer automatic) be ordered, for example, during Covid 19. At that time, the patient may not leave the place of residence.

e-Sick Leave

The e-disability certificate replaced the classic paper sick leave certificate in 2020. This process has facilitated and accelerated the transfer of information between the employer, the doctor and the Czech Social Security Administration (ČSSZ).

A sick leave certificate can be issued by the attending physician, an outpatient clinic or a doctor in a hospital. It cannot be issued by an emergency room, an ambulance service or a general practitioner for whom the patient’s illness is outside their expertise. In the case of back pain, this is usually also at the beginning of the practice, then, for example, by a neurologist.

In some cases, a sick leave certificate can be issued three days in advance.

Sick leave after termination of employment

If an employee finds themselves in a situation where they have to go on sick leave during their notice period, there are two options.

1. Their sick leave does not exceed the notice period. In this case, nothing changes and is not extended.
2. Sick leave exceeds the notice period. Here, the notice period is suspended and continues only after the sick leave ends.

Sick leave during the probationary period

It may happen that an employee falls ill during the probationary period. At that point, the probationary period is extended by the working days that the employee spent on sick leave.

One-day sick leave

There are cases when an employee is not sick, but may still be indisposed for one day (menstrual cramps, migraine, panic attack, etc.). In this case, most employers already offer, as part of their benefits, so-called sick days. Employers also address this in the form of vacation, unpaid leave, or working hours at a different time.

Entitlement to leave

An employee is entitled to leave in the event of the death of a family member. The length of leave varies depending on the relationship to the person. It is usually 2-4 working days.

Does sick leave affect salary?

Sick leave has a significant impact not only on employees, but also on employers. For employees, it means a decrease in income and therefore problems in the family budget. There may also be concerns about returning to work after a longer work break.

For the first 14 days, the employer provides the employee with 60% of the salary. After 14 days, the employee switches to sick leave and is paid 70% of the net salary.

If the period of sick leave exceeds six weeks, the amount of sick leave may change, which negatively affects the employee’s income. So yes, sick leave can affect the employee’s salary.

To properly process sick leave, it is necessary to:

1. Notify the employer: The employee should inform their employer of their inability to work as soon as possible.
2. Prepare an e-Sick Leave: The doctor will issue an e-Sick Leave, which should be sent to the employer accurately and on time.
3. Fulfillment of duties: The employee must follow the doctor’s instructions and comply with the conditions of incapacity for work, including being at home at designated times for possible check-ups.

Sick pay

Sick pay is a benefit provided by the state for employees who find themselves in a situation where they have to stay at home to care for a family member. Persons who meet the following conditions are entitled to sick pay:

1. Employment: Sick pay is intended for employees who care for their children under 10 years of age or for a person who requires care due to a serious illness.
2. Child care: The law requires that an employee be released in the form of sick pay, i.e. to draw this benefit to care for a child who is sick or in quarantine.
3. Length of care: Sick pay can be drawn for a maximum of 9 days (in the case of caring for multiple children, this period is extended).
4. Certificate of illness: The employee must submit a certificate from a doctor, kindergarten or school confirming that the child is absent due to illness.